On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
Discrimination and Harassment Law and Practice
A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”Continue Reading A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.” Employers will now have a harder time denying religious accommodations. Continue Reading Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act
The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an uncomfortable conflict between a person’s assigned gender and the gender with which the person identifies.
Continue Reading Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act
District Court Enjoins EEOC and Department of Education Guidance Protecting LGBTQ Rights
By Audrey Anderson & Mary Leigh Pirtle on
On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing guidance documents issued to interpret Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments…
Conducting Workplace Investigations: Step #10 – Communicate Results (VIDEO)
We are excited to share the final installment of our video series, Conducting Workplace Investigations | Step #10: Communicate Results. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #10 – Communicate Results (VIDEO)
Conducting Workplace Investigations: Step #9 – Take Disciplinary Action (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #9: Take Disciplinary Action. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #9 – Take Disciplinary Action (VIDEO)
Conducting Workplace Investigations: Step #8 – Assess Your Results (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #8: Assess Your Results. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #8 – Assess Your Results (VIDEO)
Conducting Workplace Investigations: Step #7 – Interview the Accused (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #7: Interview the Accused. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #7 – Interview the Accused (VIDEO)
Conducting Workplace Investigations: Step #6 – Interview the Witness (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #6: Interview the Witness. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #6 – Interview the Witness (VIDEO)